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HESLIN v. COUNTY OF GREENE

14 N.Y.3d 67 (2010)

923 N.E.2d 1111

896 N.Y.S.2d 723

2010 NY Slip Op 1010

EUGENIA BRENNAN HESLIN, as Administrator of the Estate of EGYPT A. PHILLIPS, Deceased, Appellant, v. COUNTY OF GREENE et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided February 11, 2010.

Attorney(s) appearing for the Case

O'Connell and Aronowitz, Albany (Pamela A. Nichols of counsel), for appellant.

Boeggeman, George & Corde, P.C., White Plains (Cynthia Dolan of counsel), for County of Greene, respondent.

Thorn Gershon Tymann and Bonanni, LLP, Albany (Maureen S. Bonanni and Erin Mead of counsel), for County of Greene Department of Social Services and another, respondents.

Michael A. Cardozo, Corporation Counsel, New York City (Leonard Koerner and Stephen J. McGrath of counsel), for City of New York and another, amici curiae.

Judges READ, SMITH and PIGOTT concur with Judge GRAFFEO; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN and Judge JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this case, we conclude that the special infancy toll applicable in wrongful death actions involving sole infant distributees under Hernandez v New York City Health & Hosps. Corp. (78 N.Y.2d 687 [1991]) is not available for personal injury claims. We therefore affirm the order of the Appellate Division.

Plaintiff Eugenia...

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